Dr Binayak Sen has been released after two years in jail. But did he have to wait two years and did his case have to go up to the Supreme Court to get back his liberty? Isn't there any responsibility on the lower judiciary to exercise its judgment and stand up to the state govt and the state police?
This is a country where the Supreme Court has repeatedly stated that the attitude should be "bail, not jail". And here is a medical doctor who spends two years in jail simply because he sympathises with Naxalites who believe in realising social justice through violence.
And what about those who responsiblel for creating an unjust social order in the first place? Murderers are given bail and let loose on society. But a medical doctor who merely sympathises with Naxalites -- he definitely hasn't turned a gun on anyone -- is deprived of his liberty for two years. Isnt there a thumb rule for judges, especially high court judges to follow?
A similar fate awaits Nimesh Kampani and Minoo Shroff of the Forum of Free Enterprise in Andhra Pradesh. Shroff is said to be biding his time in the UK. Kampani was abroad for several months. So was the artist MF Husain because some intolerant communalists were misusing the law to harass him -- till the Supreme Court stepped in and quashed all proceedings against him.
This is not a matter that concerns only Sen, Kampani, Shroff or Hussain. It concerns you and me. The bell that tolled for them will toll some day for you and me if someone decided to misuse the law against us. It is time we stand up and make the courts aware of this. ###
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